United States v. Jose Lizarraras-Chacon

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 20-30001 Plaintiff-Appellee, D.C. No. v. 3:11-cr-00517-HZ-

JOSE LIZARRARAS-CHACON,

Defendant-Appellant. OPINION

Appeal from the United States District Court for the District of Oregon Marco A. Hernandez, Chief District Judge, Presiding

Argued and Submitted April 16, 2021 Seattle, Washington

Filed September 23, 2021

Before: Michael Daly Hawkins and M. Margaret McKeown, Circuit Judges, and Dean D. Pregerson, * District Judge.

Opinion by Judge Pregerson

* The Honorable Dean D. Pregerson, United States District Judge for the Central District of California, sitting by designation. UNITED STATES V. LIZARRARAS-CHACON

SUMMARY **

Criminal Law

Reversing the district court’s denial of a motion for reduction of sentence under 18 U.S.C. § 3582(c)(2) and remanding, the panel held that legislative and judicial developments affecting mandatory statutory minimums are relevant considerations to the 18 U.S.C. § 3553(a) factors at step two of a § 3582(c)(2) motion.

The parties agreed that Sentencing Guidelines…